Can I sue the co-executor of an unprobated estate for actions against the Estate?

My brother and I were named co-executors of my father's Will. We are the sole beneficiaries and we never probated his will. All taxes have been paid. We have managed a rental property left to us by our father, and all documents attached to this property (i.e. IRS EIN Estate tax account, Leases, Insurance) are titled by "The Estate Of ..." The deed remains in my father's name. In 2015, my brother began to harass me with the demands to "quick sell" the property even though I had already agreed to sell it by traditional sale. I refused the act of "quick sell" because it would not be at market value. I suspected that my brother has personal marital and financial problems that needed quick cash and a quick buyer. In July 2015, he filed an RPAPL 901 and a decision was won 2-weeks ago to partition and appoint a referee, which has not happened yet. Can I sue him for his actions as a co-executor for my losses, as well as loss to the estate value. I also wish to probate the Will.